Being drunk or asleep at the wheel of a driverless cars to be made illegal

‘User in charge’ must also be in driver’s seat and stay off their mobile phone

Driverless car
New Automated Vehicles Bill undermines one of the key promises of autonomous driving technology

It seems like one of the great promises of driverless cars: owners can get into the vehicles after a few pints at the pub and let the sober computer navigate them home.

But being over the limit will be illegal even when operating an autonomous vehicle, the Government has said, dashing hopes that the futuristic vehicles will act as chauffeurs after one too many.

Documents published alongside the Automated Vehicles Bill, announced in this week’s King’s Speech, specify that users of driverless cars must “remain in a fit state to drive” while the vehicles are on the road.

Under the proposed laws, driverless car owners will not be held responsible if their cars cause fatal crashes, with the companies developing the technology instead liable for prosecution.

However, the cars will still require a “user in charge”, who must be in a position to take command if the self-driving system requests it.

The user, who must sit in the front seat of a car while it is driving itself, will also require a driving licence and will not be allowed to sleep while the car is moving or use their mobile phone, according to the documents.

They will essentially serve as a back-up driver and “should remain able to retake dynamic driving control, for example they must be awake and in the driving seat”.

Users will also be responsible for ensuring that passengers are wearing seatbelts and that the car is roadworthy.

Falling below these standards could open users up to prosecution, even when the driverless system is controlling the car.

The requirements will not apply in certain circumstances where there is not a need for a user in charge, such as a driverless taxi service or shuttle bus where vehicles will ultimately be under the control of staff in remote operation centres.

However, these systems are not likely to be available until after the deployment of driverless cars used by individuals.

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Driverless car companies say their systems will ultimately be safer than human drivers and will help cut down the number of accidents involving drunk drivers.

One in five deaths on UK roads involves drink driving, though fatalities have come down significantly since 1983 when roadside breath tests were first allowed as evidence in court.

Plans to forbid drunk back-up driving come amid concerns that the technology could encourage overindulgence.

Researchers at Curtin University in Australia have suggested that the public safety benefits from driverless cars could be outweighed by more binge drinking if it becomes easier to get around while inebriated. 

In 2020, 37 per cent of respondents in a survey said that their alcohol use would be likely to increase if they had access to driverless cars.

The Government said this week that its Automated Vehicles Bill would “unlock a transport revolution” that could be worth £42bn by 2035 and create 38,000 skilled jobs.

Self-driving vehicles in the UK are currently in the testing phase and require a safety driver in the front seat at all times, but the legislation will allow for grocery and package delivery services without a driver as soon as 2026.

Driverless car companies in Britain had warned that they could move testing abroad in the coming months if the Government did not press ahead with legislation allowing commercial services.

The bill also requires driverless car companies to provide ways for police to communicate with the cars if they need to be pulled over.

Car manufacturers will also be prevented from marketing features as “self-driving” if they have not been approved by the Government.

Self-driving car company Cruise has pulled all its driverless cars off the roads after a number of accidents Credit: David Paul Morris/Bloomberg

Last month, the US driverless car company Cruise pulled all its cars off the road in what has been seen as a setback to the industry.

A Department for Transport spokesman said: “Safety is at the heart of our Automated Vehicles Bill, with vehicles needing to pass rigorous safety tests to make it onto our roads. Self-driving vehicles could also significantly reduce the risk of deaths and injuries from drink driving.

“For self-driving vehicles that need to be able to hand back control to a human in certain circumstances, the safety measures in the Bill make clear that the person must be in a fit state to operate the vehicle, even if the self-driving feature is activated.”